Evansville & Princeton Traction Co. v. Broermann

Dissenting Opinion.

Roby, P. J.

The defendant had a right to have his ease tried by a jury. Such right extended to every issue involved therein. It was submitted to a jury, and a verdict returned which, as to one of said issues, is held by the judge to have been unsupported by evidence. A jury which finds one fact against the defendant without evidence may also find other facts against him in the same way, and, when he is able to establish to the satisfaction of the judge that it has so found, he is entitled by the express provision of the statute to a new trial. In this case the defendant made…